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Bus. & Prof. Code, § 23399.5 · Article 3. Rights and Obligations of Licensees

Bus. & Prof. Code, § 23399.5

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.

(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.

(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.

(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.

(c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:

(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.

(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.

(3) No more than 12 ounces of beer or 6 ounces of wine by the glass is offered to a client.

(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.

(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.

(d) A license or permit is not required for the serving of alcoholic beverages as part of the curriculum of an apprenticeship program for bartending or mixology, provided all of the following requirements are met:

(1) The apprenticeship program is approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code.

(2) Students enrolled in the apprenticeship program are 21 years of age or older.

(3) The apprenticeship program adopts a policy that the students may taste, but may not consume, the alcoholic beverages served.

(4) There is no extra charge or fee for the alcoholic beverages served.

Notes and commentary — not statutory text

History

Amended by Stats. 2025, Ch. 67, Sec. 17. (AB 1170) Effective January 1, 2026.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=23399.5.
Text hash
sha256 b851f9b7ffbfa37ae2a24c35ca5fedfb2f4a997fd4810464f56dd2fd88be0b56
Composed by
compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

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